Court Upholds Air Canada’s Mandatory Retirement for Pilots Policy

Back in 2012, the Canadian Human Rights Tribunal ruled that Air Canada’s mandatory retirement policy for pilots turning 60 wasn’t age discrimination. A group of pilots challenged the decision, both on the basis of the statistical analysis the Tribunal used to uphold Air Canada’s determination that 60 was the “normal age of retirement” for pilots and the fact that the “normal age” rule was repealed soon after the ruling came down. But the federal court tossed the grievance, finding that the 2012 Tribunal ruling was reasonable and had been applied consistently in cases following the “normal age” rule repeal [Nedelec v. Rogers, 2021 FC 191 (CanLII), March 2, 2021].